Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-23
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become q part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land ONCE.
An application will be rejected when the
scription Of the premises Is erroneous or
sufficient.
Application for patent will be rejected be-
cause;
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in q
new paper designated as published nearest the
claim.
~Third-Reeord title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 8 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis-
tinct portions of q claim, application for
patent may be made by either for nat portion
of the claim owned by him but where several
parties own undivided interests iE : mining
claim all should join in an application for o
patent.
A person or association may parcha se as
many placer locations as the local law Ad
and embrace them all In one application for a
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport.
ing TO act as q deputy for the Register and Re
ceiver cannot be recorded as evidences.
In all patents for mining claims situsted
within the interior boundaries Of q town site
q clause is in 'erted excepting and excluding
all town property, rights upon the surface
and sl houses, buildings, structures, lots,
blocks. streets. alleys or other municipal i'm
provenents not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment of the
same"
Publication Of notice must be made q only
| one newspaper for the period OF 60 days,
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elspse between the
fret and last insertions.
Where the Register esignates the daily issue
Of q newspaper for publication Of notices of 4
mining application for patent IL is hot a com.
pliance with law 10 change TO the weekly edi-
ton Of the sans paper without authority Of
the Register.
The existence OF q salt spring on Q tract Of
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
~ 61%A 1880 n " AAO AAuA
containing gslusbie deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
II IL alleged conflicts with the promises owned
| By Fuch adverse IEimAnt.
The papees IA All adverse claim, once filed
cannot be withdrawn. but becomes q part of the
record.
When an adverse claim has been filed IT can.
not be amended so as TO embrace a larger Der.
ton OF the premises than that described In the
original adverse claim.
An adverse clAim must be made ont In
proper form and fled In the proper local off CO
during the period Of publication OF the appli-
cation for the patent TO be effective.
1t is the duty OF the adverse claimant o
commence suit In proper form within the re-
quired time, aid II he trusts the uncertain
medium OF the United States mail he must
abide the Consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corruptor dish Jncot act on Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases HIS adverse
claim. A statement In general tgrms, embody.
ing conclusions OF law, without stating the
facts specially, will not he considered in evi.
denee.
An adverse claimant should show q compli.
ance with the local laws IN recording his claim
and in regard to expenditures, aud shall nIe a
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
Au allegation of parties to a suit that they
compose the company is suftcseDt, and they
are not required to prove that they are ID.
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land ia Of little. II any value, for agri.
cultural purposes, but fs essential TO the
proper development of mining claims. n
should be disposed Of under the Mining Act.
Whert lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled at any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable de-
posits.
Where valuable deposits of mir erAl are dis.
covered upon a tract after the same las been
entered as agricultural, but before Aent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled h.
That portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO on agricultural claimant. thev n.ss
with the patent. 20
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes A citizeu
before disposing OF the mine. Proof that the
party was not q citizen before disposlnr OF his
claim must be afirmAtively shown.
Loessor# and intermediate owners. othar
than applicants. will not be presumed aliens
In the abaence of allegation or obiection nrtoy
TO issuance Of patent. ~
the portion OF a mining claim sold 10 an
snen cannot be patented while suoh owner Is
an alien; out on his declarationi O become a
citizen his right dates back to his purchasa
aud he may thereupon secure United state
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 1896.
where Two or more lodges cross or interseet
each other, priority OF title shall govern ana
such prior location shall be entitled 10 ali ore
or mineral Confined within the space of inter.
section, but the subsequent location shaIi have
sae right OF way through the space Of inter
SECTION ior tne purpose OF the convenient
WORKING or the mine. And where two or more
VEINS unite the Oldest or prior location shall